Subject: These rules reflect a comprehensive review of the
prior permanent rules, which are being repealed. These rules relate to mail
being sent from and received by patients residing in each Oregon State Hospital
campus and the Blue Mountain Recovery Center. These rules accomplish the
following:

•
Protect patient rights related to the posting and receipt of mail.

•
Specify the circumstances under which staff of state institutions may
confiscate a piece of mail arriving for, or being sent by a patient.

•
Specify the procedures to be used when a piece of mail is confiscated.

•
Protects the safety and security of citizens and the state institution
buildings.

Rules Coordinator: Richard Luthe—(503) 947-1186

309-102-0100

Purpose and
Scope

(1)
Purpose. These rules prescribe the standards for handling mail belonging to
patients in state institutions, including mail arriving for patients and mail
patients are sending from the state institution.

(2) Scope.
These rules apply to all individuals residing in a state institution as defined
in OAR 309-102- 0005.

Stat.
Auth.: ORS 179.040, 409.050 & 426.385

Stats.
Implemented: ORS 179.360 & 426.385

Hist.: MHS
5-2011, f. & cert. ef. 8-3-11

309-102-0110

Definitions

(1) “Contraband”
means any controlled substance, drug paraphernalia, unauthorized currency or
any other article which by statute, rule, order or the state institution’s
policies, is prohibited from being in a patient’s possession, and the use of
which could endanger the safety or security of the institution.

(2) “Controlled
Substance” means a drug or it’s immediate precursor classified under the
federal Controlled Substances Act and as modified under ORS 475.035.

(6) “Journalist
Mail” means any mail sent to news media organizations such as, but not limited
to newspapers, magazines and television station news departments.

(7) “Legal
Mail” means any mail received from or addressed to, any attorney, court, tribal
official, elected official, disability rights organizations or advocacy group
that is part of the system outlined in ORS 192.517.

(8) “Limited
Item” means any food, non-prescribed medicine, vitamins, supplements or other
article which is allowed for patient use, but which must be held or kept in a
specific area for reasons of maintaining public health standards to ensure
proper dosage or to limit it’s ingestion, viewing or other use to the owner of
the item.

(9) “Mail”
means any letter, post card, periodical or any other type of envelope or
package, except for legal mail and journalist mail.

(10) “Patient”
means a person who is residing in a state institution.

(11) “Prohibited
Item” means:

(a)
Alcohol, controlled substances or drug paraphernalia;

(b) Any
item that reasonably could be used as or turned into a weapon or instrument of
escape;

(c) Any
item the possession of which is considered detrimental to the treatment of a
specific patient and which is recorded as prohibited with the rationale in the
patient’s chart by the treating physician; or

(d) Any
item the possession of which is disallowed to a clearly defined portion of the
patient population or to the entire patient population pursuant to the
institution’s policies.

(12) “Reasonable
Cause” means a person has knowledge or notice of facts or circumstances which
would lead a person of ordinary care and prudence to have a strong suspicion
that a specific piece of mail contains a prohibited or limited item.

(13) “Safety”
means the institution and all patients and others persons within and around it
are free from injury, threats, harassment, identity theft or other dangers.

(14) “Security”
means prevention of any patient’s potential escape from a state institution or
the prevention of damage to institutional or personal property within the
grounds of the state institution.

(16) “Superintendent”
means the executive head of any state institution or that person’s designee.

(17) “Treatment
Care Plan” means an individualized and comprehensive written plan of
therapeutic interventions designed, in collaboration between the patient and
his or her treatment team, to facilitate rehabilitation of psychiatric symptoms
and eventual independence.

Stat.
Auth.: ORS 179.040, 409.050 & 426.385

Stats.
Implemented: ORS 179.360 & 426.385

Hist.: MHS
5-2011, f. & cert. ef. 8-3-11

309-102-0120

Patient
Rights Related to Mail

(1) Except
as outlined in OAR 309-102-0130 through 309-102-0140, all patients in state
institutions shall have the right to communicate freely by sending and
receiving sealed mail.

(2) All
journalist, legal or other mail may be sent or delivered by hand or via any
parcel delivery service.

(3) Except
as provided in ORS 309-102-0130 through 309-102-0140, no employee or any person
acting through or on behalf of the Division shall:

(a) Open,
read, censor, inspect or otherwise examine any patient’s incoming or outgoing
mail without the expressed permission of the patient who is the sender or the
receiver of the mail;

(b) Having
read or examined a patient’s mail, protect the patient’s confidentiality by
refraining from discussions related to the mail except as required for
treatment reasons; and

(c)
Prevent, obstruct or delay any patient’s outgoing mail from being promptly
mailed;

(d)
Prevent, obstruct or delay any patient’s incoming mail from being promptly
delivered to the patient.

(4) A
patient shall be promptly informed, verbally and in writing, of:

(a) Any
limitation to the right to send or receive sealed mail;

(b) Any
item having been opened by staff; and

(c) Any
item being held pursuant to these rules.

(5) At the
request of a patient with a need, an employee may assist in reading or sending
mail. Need for this assistance shall first be documented in the patient’s
Treatment Care Plan by the physician.

(6)
Patients shall be provided a reasonable amount of writing material by the state
institution, as defined in policy. Stamps shall be available for purchase by
patients with funds. Patients without funds will be provided a reasonable
number of stamps by the state institution, as defined in policy.

(7) The
exchange of electronic mail is an earned privilege and is related to the
patient’s recent behaviors, current level of care and other privileges.

(8) The
application of these rules may be contested by way of the state institution’s
grievance procedures.

Stat.
Auth.: ORS 179.040, 409.050 & 426.385

Stats.
Implemented: ORS 179.360 & 426.385

Hist.: MHS
5-2011, f. & cert. ef. 8-3-11

309-102-0130

Mail
Suspected To Contain Contraband, Limited Items or Evidence of a Crime

(1) The
superintendent may designate in writing, certain areas of the state institution
as locked high security areas that require additional precautions to protect
the safety and security of the facility.

(2) In
designated areas, employees of the state institutions may open all except legal
mail in the presence of the patient as prescribed in this rule, even though
there may not be reasonable cause to believe that a specific piece of mail
contains a prohibited or limited item.

(3) In
order to ensure the health or safety of individuals or the safety or security
of the institution, the superintendent may additionally order:

(a)
Incoming and outgoing mail be scanned with non-invasive technology including
but not limited to x-rays or metal detectors;

(b) Mailed
electronic equipment or other items which may have had contraband placed
within, be given additional scrutiny such as, but not limited to turning the
item on to ensure it’s basic functionality or opening up the item to look
inside.

(4) When
there is reasonable cause to suspect mail contains a limited item, the
superintendent may order the item be opened by staff in the presence of the
patient.

(a) If a
limited item is found within the mail, the item will be stored and made
available to the patient pursuant to the state institution’s related policies
and procedures.

(b) If
there is no limited or prohibited item within, the patient may retain possession
of the limited item.

(5) When
there is reasonable cause to suspect mail contains evidence of a real or
potential crime, the following steps shall occur:

(a) If the
real or potential crime may immediately threaten the health or safety of
individuals or the safety or security of the institution or the health or
safety of any affiliated person, the superintendent may hold, open or otherwise
inspect the mail.

(b) If the
real or potential crime does not appear to immediately threaten the health or
safety of individuals or the safety or security of the institution, the
superintendent is authorized to:

(A) Contact
a law enforcement agency and request a judicial warrant to open the mail and

(B) Hold
the mail until either the judicial warrant is denied or the warrant is received
and the item is confiscated by the law enforcement agency.

(c) If the
judicial warrant is denied the item must promptly be delivered to the patient.

(d) If the
item is confiscated, opened and examined and found to be permissible the item
must promptly be delivered to the patient.

(e) If the
item is found to contain evidence of a real or potential crime, it will remain
in possession of the law enforcement agency for further action.

(6) The
intended recipient of any mail withheld pursuant to this rule will be promptly
informed of the action unless there is reasonable cause to believe that doing
so may:

(a)
Increase the potential threat to the health or safety of individuals or the
safety or security of the institution or

(b) Destroy
or adversely alter the suspected evidence of a real or potential crime.

Stat.
Auth.: ORS 179.040, 409.050 & 426.385

Stats.
Implemented: ORS 179.360 & 426.385

Hist.: MHS
5-2011, f. & cert. ef. 8-3-11

309-102-0140

Disposition
of Mail Retained or Delivered To Patient

(1) Once
opened under staff supervision for inspection, permissible items shall not be
read or otherwise further inspected and shall be delivered without undue delay
to the patient.

(2) Any
item retained from a patient’s mail shall be clearly marked to identify, at
minimum the date of the inspection and retention, the patient’s name, the name
and address of the sender, a description of the held items and both the printed
name and the signature of the employee conducting the process. The item shall
then be handled as provided in the Division’s rules related to the handling of
personal property of patients in state institutions.

(3) When
any item is confiscated by a law enforcement agency, each part of the process
shall be documented in the patient’s chart with, at minimum, the date of
inspection and confiscation, the patient’s name, the name and address of the
sender, a description of the confiscated item or items and both the printed
name and the signature of the employee who witnessed the law enforcement’s
confiscation.

(4) All
documentation related to any held item shall be in writing and kept in the
patient’s chart. The patient shall receive a legible copy of each document.

Stat.
Auth.: ORS 179.040, 409.050 & 426.385

Stats.
Implemented: ORS 179.360 & 426.385

Hist.: MHS
5-2011, f. & cert. ef. 8-3-11

309-102-0150

Notice to
Patients and Employees

(1) Upon
admission to the state institution, patients shall be informed of these rules
and the institution’s related policies and procedures, all their legal rights
as detailed in ORS 426.385 and instructions on how to obtain a copy of these
rules.

(2) The
superintendent of the state institution shall ensure these rules and any related
policies and procedures are thoroughly explained to each employee upon the
commencement of their employment and annually thereafter.

(3)
Violation of these rules and any related institutional policies or procedures
by an employee of the Division shall constitute cause for disciplinary action.

Stat.
Auth.: ORS 179.040, 409.050 & 426.385

Stats.
Implemented: ORS 179.360 & 426.385

Hist.: MHS
5-2011, f. & cert. ef. 8-3-11

Notes1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.